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Dudley Roofing Companies to Pay More Than $114,000 to Settle Claims They Violated State Wage and Hour Laws

Companies Cited for Violating the State’s Prevailing Wage Laws, Employee Misclassification Law and the Record Keeping Laws

BOSTON – Two Dudley roofing companies will pay more than $114,500 in restitution and penalties to settle claims they violated the Commonwealth’s Wage and Hour laws, Attorney General Martha Coakley announced today.

“Companies that fail to pay their employees in accordance with the law obtain an unfair advantage over their competitors,” AG Coakley said. “The enforcement of these laws is essential to protecting the rights of our workers.”

“It is gratifying that these Joint Task Force partner agency collaborations continue to effectively uncover activities that must be stopped so that all of the Commonwealth’s businesses share a level playing field and workers are treated justly,” commented Rachel Kaprielian, Secretary of the Executive Office of Labor and Workforce Development and chair of the Joint Task Force on the Underground Economy and Employee Misclassification.

Settlements have been reached and citations issued to the following companies in separate cases alleging violations of the state’s prevailing wage laws, independent contractor employee misclassification law and record keeping laws:

S.O.M. Construction Enterprises, Inc.

S.O.M. Construction Enterprises, Inc., and its President, Wesley Mroczka, have been cited and agreed to settle allegations they violated the state prevailing wage law and the obligation to maintain payroll records with regard to public works projects throughout Massachusetts.

In November 2011, the Attorney General’s Fair Labor Division initiated an investigation after receiving complaints that S.O.M. was violating the prevailing wage laws. The investigation revealed that S.O.M., which worked on 21 public works projects during the period June 2009 through March 2013, failed to pay some of its workers the proper prevailing wage rate, failed to submit true and accurate certified payroll records to the awarding authorities for the various construction projects, failed to keep true and accurate payroll records and failed to furnish its employees with a suitable paystub. The investigation further revealed the company misclassified 18 of its workers as independent contractors and paid the workers with company checks.

S.O.M. cooperated fully with the Attorney General’s investigation. To settle the allegations the company agreed to pay more than $78,900 in restitution and penalties.

M.D.M. Engineering, Inc.

M.D.M. Engineering, Inc., and its President, Zbigniew Mroczka, have been cited and agreed to settle allegations they violated the state’s prevailing wage laws.

In October 2011, the Attorney General’s Fair Labor Division initiated an investigation after receiving complaints alleging that M.D.M. Engineering, Inc. was violating the prevailing wage laws. The investigation revealed that while performing work on 18 public construction projects, M.D.M. misclassified some of its roofing employees as laborers and failed to pay these employees the proper prevailing wage rate. The investigation further revealed that M.D.M. failed to submit true and accurate certified payroll records to the awarding authorities, misclassified two employees as independent contractors, failed to furnish suitable paystubs to its employees and, on various occasions, failed to make timely payment of wages.

M.D.M. fully cooperated with the Attorney General’s investigation. To settle the allegations the company agreed to pay more than $35,500 in restitution and penalties.

This matter was referred to the Attorney General’s Office, Fair Labor Division, and the Patrick Administration’s Joint Task Force on the Underground Economy and Employee Misclassification (JTF) by representatives of Sheet Metal Workers Local 17. The JTF is a broad coalition of state agencies including, among others, the Attorney General's Office, EOLWD's Departments of Industrial Accidents, Unemployment Assistance and Labor Standards; the Alcohol Beverage Control Commission under the Office of the State Treasurer; and the state's Department of Revenue. These agencies work together to restore competitive equality for Massachusetts' businesses.

Workers who believe that their rights have been violated and businesses that are aware of other businesses that do not comply with the law are strongly urged to call the Joint Task Force Referral Line at (877) 965-2267, email tips to jtftips@state.ma.us, or visit the Joint Task Force website at www.mass.gov/lwd/eolwd/jtf/ to submit complaints.

The AG’s Fair Labor Division is responsible for enforcing the Wage and Hour and Prevailing Wage laws in the Commonwealth. Workers who believe they may not have been paid the appropriate wages are encouraged to call the Attorney General’s Fair Labor Hotline at (617) 727-3465. More information about the wage and hour laws is also available in multiple languages at the Attorney General’s Workplace Rights website: www.massworkrights.com.

These matters were handled by Assistant Attorney General Barbara Dillon DeSouza and were investigated by Inspector Joseph Drzyzga and Inspector Brian Davies, all from Attorney General Coakley’s Fair Labor Division in the Western Massachusetts Regional Office.